International Drug Control Law

International drug control law is arguably one of the more obscure areas of international law. With near universal ratification of the three international drug control treaties, however, and with national laws in many countries reflecting their terms, this area of international law has been and continues to be very influential.

The three core drug control treaties are:

The Single Convention on Narcotic Drugs (1961) as amended by the 1972 Protocol

The Convention on Psychotropic Substances (1971)

The Convention Against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)

The 1961 Single Convention was intended to codify most of the numerous international drug conventions dating back to 1912, and places under international control primarily plant-based substances such as coca, marijuana and opium, as well as their derivatives. Acknowledging the need for medicinal opiates, states parties must submit estimates to an independent committee (the International Narcotics Control Board) of their opiate needs for the coming year. A ’statistical returns system’ is also created in the 1961 Single Convention to assess state implementation of its terms. It includes information relating to the production of drugs, drug consumption and imports/exports of controlled substances. The 1972 Protocol to the 1961 Single Convention expands the role of the International Narcotics Control Board in relation to the illicit production, use and traffic in narcotic drugs.

The 1971 Convention extends international control to cover synthetic psychotropic substances, such as LSD and MDMA, as well as their precursor chemicals. There is no system of estimates in the 1971 Convention, but it does retain a statistical returns system similar to that of the 1961 Single Convention. Its control system is therefore considerably weaker than that of the 1961 Single Convention. This is due in large part to the strong pharmaceutical lobby keen to draw a balance between, on the one hand, using controls to protect the interests of established producers from new competitors, and on the other, continuing to expand production and worldwide marketing by ensuring that such controls did not go too far.

The 1988 Convention, arguably the most prescriptive and punitive of the three, is focused on the illicit traffic of the substances under control in the 1961 and 1971 Conventions. Its primary aims are increased international law enforcement and stronger domestic criminal legislation.

Each treaty encourages, and in some instances requires, criminal sanctions to be put in place at the national level. Collectively, in more than 110 articles covering many areas that impact upon human rights, such as extradition, crop eradication and penalties, there is only one, limited reference to human rights.

Ostensibly there are two main aims to the drug control treaties – to limit supply of and demand for controlled substances for non-scientific or medical purposes, and to ensure access to those substances for scientific and medical purposes. Traditionally the overwhelming focus, however, has been on the former.